(A) A law enforcement officer who issues a citation to a person pursuant to Ohio R.C. 2935.26 may, in addition to issuing the citation, if the minor misdemeanor offense for which the citation is issued is an act prohibited by Ch. 313, 331, 333, 335, 337, 339, 341 or 373 of this traffic code, and if the person to whom the citation is issued does not reside within the jurisdiction of the court with which the officer is required to file the citation under Ohio R.C. 2935.26(D), do one of the following:
(1) Require the person, if he or she has a current valid Ohio operator’s or chauffeur’s license and has been notified of the alternative under division (A)(2) below, and of the possible consequences of his or her actions as required under division (G) below, to deposit the license with the officer to serve as security to ensure the person’s appearance at the time and place stated in the citation or his or her compliance with Ohio R.C. 2935.26(c), if the person chooses to do so; or
(2) If the person does not have a current valid Ohio operator’s or chauffeur’s license or if the person does not agree to the deposit of his or her license after being notified of the possible consequences of his or her actions as required under division (G) below, bring the person before the court with which the citation is required to be filed for the setting of a reasonable security by the court pursuant to division (H) below.
(B) A person who deposits his or her license as security under division (A)(1) above shall be given a receipt for the license, which receipt shall note the date and time of the issuance of the citation, specifically identify the citation for which the deposit was required, state the time set for the appearance of the person as contained on the citation, state the license number and contain a statement that the license is being held as security. Such receipt shall be signed by the officer issuing the citation and shall serve as a valid license until the time of appearance stated on the receipt.
(C) A person who appears before a court to have security set under division (A)(2) above shall be given a receipt or other evidence of the deposit of the security by the court.
(D) An officer who issues a citation shall immediately file any license received as security under this section with the same court with which he or she is required to file the citation.
(E) (1) Upon the appearance of a person who was issued a citation at the time and place specified on the citation, the court shall immediately return any sum of money, license or other security deposited in relation to the citation to the person or to any other person who deposited the security.
(2) Upon compliance with Ohio R.C. 2935.26(C) by a person who was issued a citation, the Clerk of the Court shall notify the court. The court shall immediately return any sum of money, license or other security deposited in relation to the citation to the person, or to any other person who deposited the security.
(F) (1) If a person who was issued a citation fails to appear at the time and place specified on the citation and fails to comply with Ohio R.C. 2935.26(C), the court shall forward, after 30 days, the person’s license, if he or she has deposited it as security, to the Ohio Registrar of Motor Vehicles. The Registrar shall cancel the license and notify the person of the cancellation by certified mail at his or her last known address. No valid operator’s or chauffeur’s license shall be granted to the person for a period of one year after the cancellation, unless the court having jurisdiction of the offense that led to the cancellation requests the Registrar to reissue the license to its original date of expiration without an additional fee or to permit the person to apply for a new license.
(2) If the person who was issued the citation fails to appear at the time and place specified on the citation and fails to comply with Ohio R.C. 2935.26(C), and the person has deposited a sum of money or other security in relation to the citation under division (A)(2) above, the deposit shall immediately be forfeited to the court.
(3) This section does not preclude further action as authorized by Ohio R.C. 2935.26(F).
(G) No license shall be taken as security by an officer issuing a citation until the officer has notified the person of the following: if the person deposits the license with the officer and does not appear at the time and place stated on the citation, or comply with Ohio R.C. 2935.26(C), the license will be canceled, the person will not be eligible for a license for one year after cancellation and the person is subject to any applicable criminal penalties.
(H) A court setting security under division (A)(2) above shall do so in conformity with Ohio R.C. 2937.22 and 2937.23 and the Ohio Rules of Criminal Procedure.
(Ord. 70-1984, passed 4-23-1984)